SUMMIT - On Friday afternoon, Dec. 5, Superior Court
Assignment Judge Edward W. Beglin Jr. ruled in favor of the county and
Morristown & Erie Railroad.
Judge Beglin said the legal filings were late, coming long
after the agreement between Union County and the railway, which took place on
May 9, 2002. - See Agreement
City Solicitor Barry Osmun, who will report on the results
at the Tuesday, Dec. 16, council meeting, said the city will need to decide
whether to appeal the court's decision to the appellate division. Another step
the city intends to take is to appeal to the Surface Transportation Board, a
federal agency that determines transportation issues.
"The judge dismissed all counts, except for two,"
Mr. Osmun said. One involved the Open Public Meetings Act, regarding whether
sufficient notice had been given to municipalities concerning the county's
intent. The other dealt with allegations of conflict of interest.
Mr. Osmun said the filing is supposed to be done within 45
days of the contract, which took place one and one-half years ago. There is an
exception to the ruling if an obvious adverse effect in the public's interest
can be shown. The judge decided, however, that the interests of five towns did
not outweigh the interests of the county. The problem, he said, was that the
county continued to assure municipalities, both verbally and in writing, that
no agreement would be made with the rail line until the towns affected had
input.
Mayor Walter Long said of the decision in favor of the
county, "They can do what they want to do. The document is legal and
binding." It bothered him, he said, that the county moved forward without
the support of the local communities and without open meetings. "But
they're elected officials and they can sign documents," he said.
Summit Common Councilman John Maher said, "This is a
disappointing result, but we had a sense that the state court might not be the
place to rule on the issue." The five community effort will take the next
step, he said, with the Surface Transportation Board in Washington, D.C.
Attorney Scott Stone has been hired to represent the towns.
East Summit Association President Bob Sheehan, who attended
the Elizabeth hearing, questioned whether the public notification was
thorough. "The county can tack a notice on a bulletin board and they've
met the requirement under the law," he said. "We have not given up.
We want to reach out to residents and explain the implications. We're not
quitting."
The court hearing in Elizabeth is just one step a coalition
of five communities is taking to prevent the Morristown & Erie Railroad
from re-opening freight lines through several Union County towns. Summit
representatives have joined with people from Kenilworth, Roselle, Roselle Park
and Springfield to halt the process of rebuilding the line. - See previous Newspaper
Map
The communities have challenged the Union County Board of
Chosen Freeholders regarding its contract with the rail line. M&E,
meanwhile, has taken the position that state courts have no authority over
railroad issues.
Despite organized and vocal objections, including the
creation of a Stop the Train Coalition, railroad ties are being replaced and
warning systems at crossings will be installed once approval is given by the
Department of Transportation.
M&E expects the Cranford to Linden section to be
completed by next year and the Cranford to Summit track by 2005. The
discontinued rail line through Summit would require re-building of two
overpass railroad bridges. - See Q & A about reactivation Full
Story
Courtesy of Summit Herald - December 13, 2003
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